- 1 - HC-KAR NC: 2025:KHC-D:16871 WP No. 104043 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104043 OF 2025 (GM-CPC) BETWEEN: KARIYAPPA S/O. LAXMAN SANADI, AGE. 32 YEARS, OCC .AGRICULTURE, R/O. SHIVANOORU, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. … PETITIONER (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: 1. 2. 3. 4. 5. DODDAVVA W/O MAHADEVAPPA VEDED, AGE. 45 YEARS, OCC. SEVICE, R/O. BHAVANI NAGAR, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. SAVARNA W/O RAMESH SANADI, AGE. 65 YEARS, OCC. H.H. WORK, R/O. SWAMI, PLOT ATHANI, DIST. BELAGAVI, PIN CODE-591 304. GEETA W/O MURAGESH MANI, AGE. 31 YEARS, OCC. H NO. WORK, R/O. SWAMI, PLOT ATHANI, DIST. BELAGAVI, PIN CODE-591 304. SANTOSH S/O RAMAPPA SANADI, AGE. 36 YEARS, OCC. GOVT. SERVICE, R/O. BDO, OFFICE BELAGAVI, DIST. BELAGAVI, PIN CODE-591 304. MAHESH S/O RAMAPPA SANADI, AGE 34 YEARS, OCC. AUDITOR GOVT. SERVICE, R/O. TADA OFFICE BELAGAVI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16871 WP No. 104043 of 2025 6. 7. 8. 9. 10. 11. 12. 13. DIST. BELAGAVI, PIN CODE-590 016. SHALA W/O LAXMAN SANADI, AGE. 55 YEARS, OCC. H.H. WORK, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. LATE W/O ANAND KOLEKAR, AGE. 36 YEARS, OCC, H.H. WORK, R/O. HARUGERI CROSS, TAL. RAIBAG, DIST. BELAGAVI, PIN CODE-591 317. SANGEETA W/O GAJANAN LALE, AGE. 28 YEARS, OCC. H.H. WORK, R/O. HARUGERI CROSS, TAL. RAIBAG, DIST. BELAGAVI, PIN CODE-591 317. ROOPA W/O SHIVAPPA PUJERI, AGE. 26 YEARS, OCC. H.H. WORK, R/O. BOMMANHALLI, TAL. SINDAGI, DIST. VIJAYAPUR, PIN CODE-184 120. RADHA W/O SHIVAJI SANADI, AGE. 40 YEARS, OCC. H.H. WORK, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. KOMAL D/O SHIVAJI SANADI, AGE. 18 YEARS, OCC. STUDENT, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. KAJAL D/O SHIVAJI SANADI, AGE. 15 YEARS, OCC. STUDENT, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. KRITHIKUMAR S/O SHIVAJI SANADI, AGE. 12 YEARS, OCC. STUDENT, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. - 3 - HC-KAR NC: 2025:KHC-D:16871 WP No. 104043 of 2025 14. 15. 16. 17. KIRAN S/O APPANNA BEVANUR, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. SHIVANUR, TAL. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. SUJATA S/O MADAYYA MATHPATI, AGE. 24 YEARS, OCC. HOUSE WORK, C/O. SUJATA RACHAYYA MATHAD, R/O. SHIVANUR, TAL: ATHANI, DIST. BELAGAVI, PIN CODE-591 304. SHIDARAYA M/O YAMANAWWA KAMBLE, AGE. 63 YEARS, OCC. AGRICULTURE, R/O. SHIVANUR, TAL: ATHANI, DIST. BELAGAVI, PIN CODE-591 304. SAMPDA D/O SHIDARAYA KAMBLE, AGE. 30 YEARS, OCC. HOUSE WORK, R/O. SHIVANUR, TAL: ATHANI, DIST. BELAGAVI, PIN CODE-591 304. … RESPONDENTS (BY SRI. SHRIKANT K. DESHPANDE, ADVOCATE FOR R1; NOTICE TO R2 TO R17 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OR ANY OTHER WRIT QUASHING THE ORDER DATED 28/04/24 IN FDP NO.32/2023 ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC ATHANI COPY OF THE ORDER IS PRODUCED AND MARKED AS ANNEXURE-J AND ETC. THIS PETITION COMING ON FOR DICTATING JUDGMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:16871 WP No. 104043 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This petition is filed under Articles 226 and 227 of the Constitution of India assailing the order dated 28.04.2024 passed in F.D.P.No.32/2023 on the file of I Additional Civil Judge, Athani. 3. In terms of the said order, the application filed under order XXVI Rule 10(A) of the Code of Civil Procedure, 1908, seeking appointment of a Court Commissioner to measure and divide the suit schedule properties pursuant to the preliminary decree passed in O.S.No.1135/2012 on the file of I Additional Civil Judge, Athani, has been allowed. 4. The petitioner is before this Court on the premise that his appeal against the preliminary decree is pending consideration in R.A.No.56/2023 on the file of Principal Senior Civil Judge, Athani. - 5 - HC-KAR NC: 2025:KHC-D:16871 WP No. 104043 of 2025 5. It is submitted that the operation of the preliminary decree is not stayed. Under these circumstances, the Court does not find any merit in the writ petition, as the properties have to be partitioned as per the preliminary decree. 6. The Commissioner shall be appointed and he shall submit the report. To the extent possible, the guidelines laid down in the case of Shadaksharappa Vs. K. Vijayalaxmi and Others1, shall be followed while issuing the commission warrant. 7. It is made clear that any division or any allotment that may take place in F.D.P.No.32/2023 on the file of I Additional Civil Judge, Athani, is subject to the result of R.A.No.56/2023, which is said to be pending. 8. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 46 1 ILR 2023 Kar 3983